132. PM has little to fear from Assange’s new legal threat

... Defamation expert Mark Pearson reckons it’s “poor form” by Assange. Pearson, author of Blogging and Tweeting Without Getting Sued, told Crikey: ”I think it’s particularly out of order for journalists and free expression advocates to use defamation as a means of chilling debate.”

Pearson and other defamation experts say the case is unlikely to be heard though, because under Australian law a defamation suit must be brought within 12 months of the publication of the defamatory statement.

Assange told GetUp!’s Rohan Wenn he thought he would be able to gain an extension on the 12-month period because of his house arrest in the UK and confinement to the Ecuadorian embassy in London. Cass Matthews, a media law expert at the University of Melbourne, says that will be “difficult” and will depend on Assange’s circumstances within the year following the PM’s statement.

Pearson agrees, saying the issue hasn’t been tested in Australia before. The provision is designed for cases where it may take time to find the source of a rumour, which is not the case with Assange. “The usual criteria is when the comments have only just been brought to the attention of the plaintiff,” according to Pearson ...